Citation Nr: 21010671 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-08 152 DATE: February 25, 2021 REMANDED Entitlement to a rating greater than 50 percent prior to November 23, 2020, and greater than 70 percent from November 23, 2020, for post-traumatic stress disorder (PTSD) is remanded. Entitlement to a total disability based upon individual unemployability (TDIU) prior to November 23, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1971 to April 1973. This case comes before the Board of Veterans’ Appeals (Board) on appeal from October 2011 and December 2011 rating decisions by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). The issues were previously before the Board, most recently in April 2020, when remanded for a VA examination. 1. Entitlement to a rating greater than 50 percent prior to November 23, 2020, and greater than 70 percent from November 23, 2020, for post-traumatic stress disorder (PTSD) is remanded. Unfortunately, there has not been substantial compliance with the Board’s previous remand directives regarding the issue of entitlement to a disability rating greater than 50 percent prior to November 23, 2020, and greater than 70 percent from November 23, 2020, for PTSD. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). In its April 2020 remand, the RO was ordered to ask the VA examiner to review the December 2017 private Disability Benefits Questionnaire and opinion. Specifically, the VA examiner was to discuss the December 2017 findings and how they compare to the record and any current findings. The December 2020 VA examiner acknowledged this relevant medical evidence but did not engage in a discussion or a comparison of the December 2017 findings to other medical evidence of record or the VA examiner’s current findings. 2. Entitlement to a total disability based upon individual unemployability (TDIU) prior to November 23, 2020, is remanded. As the decision on the remanded issue of entitlement to a disability rating greater than 50 percent prior to November 23, 2020, for PTSD could significantly impact a decision on the issue of entitlement to TDIU prior to November 23, 2020, the issues are inextricably intertwined. A remand of the claim for entitlement to TDIU prior to November 23, 2020, is required. The matters are REMANDED for the following action: 1. Acquire updated VA and private treatment records. If such records are unavailable, the Veteran’s claim file must be clearly documented to that effect and the Veteran notified in accordance with 38 C.F.R. § 3.159(e). 2. Obtain an addendum opinion from an appropriate clinician regarding the Veteran’s PTSD. The clinician is asked to review the medical evidence of record, including the December 2017 private Disability benefits Questionnaire (DBQ) and opinion (better copy of DBQ resubmitted in June 2019). The clinician should discuss the December 2017 findings and how they compare to the medical evidence of record and any current findings; to include functioning in employment settings due solely on his service-connected PTSD and bilateral hearing loss. The Board emphasizes that the dates here are very important. The clinician should, to the extent that it is ascertainable based on the medical evidence of record, provide a timeline of the severity of the Veteran’s PTSD symptoms. VA needs to know how severe the Veteran’s PTSD symptoms were and when the symptoms became so severe. The Veteran has staged ratings. This means that the severity of the Veteran’s PTSD symptoms has been rated differently during different periods since the Veteran’s initial claim in March 2005. The Board’s intention here is, to the extent possible, ensure that the Veteran is appropriately compensated for the severity of the Veteran’s symptoms over time. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of TDIU prior to November 23, 2020. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board James Hekel, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.